CHILD CUSTODY IN PHILADELPHIA COUNTY DURING COVID-19
WHAT IS A CUSTODY ORDER? parenthood for a period of time with the consent of a parent or other legal custodian or A custody order is a written order signed by a judge. under court order. It defines the amount of time each party will spend A grandparent of the child who is NOT in loco with the child (physical custody) and how major parentis to the child may file for any form of decisions are made about the child (legal custody). physical or legal custody, IF:
Note: People who file for custody and people they o A parent of the child allowed the grandparent file against are called “parties.” Each is a “party.” to form a relationship with the child OR the court ordered that the grandparent and child be permitted to form a relationship; AND Physical custody –There are five types: Shared – More than one party is allowed to take o The grandparent is willing to take physical custody of the child, and each of them responsibility for the child; AND has significant periods of time with the child. o When one of the following conditions is met: Primary - A party spends the majority (more The dependency court has determined that than half) of the time with the child. The other the child is “dependent” under PA’s child party may get partial or supervised custody. abuse and neglect law; OR Partial – A party spends less than a majority of The court determines that the child is time with the child. substantially at risk due to parental abuse, Supervised – Custodial time during which an neglect, drug or alcohol abuse or agency or adult named by the court monitors incapacity; OR interaction between a party and the child. The child has lived with the grandparent Sole - One party has physical custody all of the for at least 12 consecutive months (not time. counting brief absences) and is removed Legal custody - There are two types: from the home by the parents. In this Shared – More than one party has the right to case, the grandparent must file for custody make major decisions for the child. within six months after the removal of the child from the home. Sole – One party makes all major decisions for the child. Grandparents and great-grandparents may also file for partial physical custody or supervised physical WHO MAY FILE FOR CUSTODY IN custody in the following situations: PHILADELPHIA? The parent of the child has died OR Jurisdiction – Generally, a child must have lived in A relationship with the child began with a Philadelphia for at least 6 months before the court will parent’s consent or under a court order AND hear your case. Exceptions: if the child is under 6 the parents: months old, or for certain emergencies such as abandonment or abuse of the child or the child’s Have started a custody proceeding AND parent or sibling. Do not agree as to whether the grandparent or great-grandparent should Standing – Who may file for custody? have partial physical custody OR A parent of the child may file for any form of physical or legal custody. The child has lived with the grandparent for at Someone who has acted in loco parentis to a least 12 consecutive months (not counting child may file for any type of physical or legal brief absences) and is removed from the home custody. You have acted in loco parentis if the by the parents. In this case, the grandparent child is not your legal child, but you have acted as must file for custody within six months after a parent and taken on the responsibilities of the removal of the child from the home. This brochure is meant to give you general information and not legal advice.
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 1, July 2020
CHILD CUSTODY IN PHILADELPHIA COUNTY DURING COVID-19
Anyone who establishes ALL of the with the complaint or petition. Make sure you following have important information such as birth dates for children, previous custody orders, Willingness to assume responsibility for protection from abuse orders, the opposing the child. party’s address, and social security numbers Has a sustained, substantial and for all parties. sincere interest in the welfare of You will need to file two copies with the Court. the child, and One of these copies must be “redacted.” This Neither parent has any form of means that confidential information such as a care and control of the child. child’s name and date of birth, must be blacked out. One copy must include the information and The above provision does not apply one copy must have it blacked out. where there is a dependency proceeding or the child has been What does it cost? found dependent. It costs $107.13 to file for custody. It costs an extra $42.68 to file for emergency custody. HOW TO FILE FOR CUSTODY Fees are different (or none) for other filings. While the Family Court building is physically closed to the public, you can still file: What if I cannot afford the filing fee? You may ask to be excused from paying the fee by filing a By Mail: Complaints and petitions can be filed by petition to proceed In Forma Pauperis (IFP). Ask for mail to the Office of the Clerk of Family Court, 11th and fill out an IFP Petition. If you are on public Floor, 1501 Arch Street, Philadelphia, PA 19102. assistance, medical assistance or SSI, be prepared to show your public assistance photo ID or proof that By Email: Complaints and petitions can be emailed you receive these benefits by having a copy to send in to [email protected]. Be sure you with the IFP Petition. If you are not on public include all the required documents along with the assistance, medical assistance or SSI, also send proof complaint or petition, including the Domestic of income. Relations Information. All custody forms with What if I have an urgent situation? There are 2 instructions are on the Philadelphia Family Court’s ways to try to be seen by the Court quickly: website under Court of Common Pleas-Domestic Relations at https://www.courts.phila.gov/forms/ Emergency Petition – This is used for cases that must be addressed the same day, such as those If you are self-represented, meaning you do involving extreme danger to the child. not have an attorney, and want help filing a To file a Petition for Emergency Relief, you must complaint or petition in child custody, you have already filed one of the following petitions at may contact the Family Court Intake Unit at an earlier time or file one at the same time: 215-686-6311, extensions 19220 and 19221, Complaint for Custody, Petition to Modify, or a between the hours of 8:00 A.M. and 4:00 Petition for Contempt. P.M., Monday through Friday (except holidays). On the day you file a master may give a preliminary assessment of whether your situation Intake Unit personnel will conduct an is an emergency. You may choose to proceed with interview and gather your information. The the emergency petition or not proceed. If you Intake Unit personnel will mail the appropriate proceed, the emergency petition is docketed, and pleading to you with instructions on how to the designated Emergency Judge will rule on your complete and return the pleading, and how to petition, usually after holding a hearing via video pay the required filing fee if there is one. If conferencing. If your emergency custody petition you cannot afford to pay the fee, you may ask is granted, the court will schedule a hearing in the to file without paying by ask for a Petition to very near future to hear testimony and receive Proceed In Forma Pauperis to be mailed along evidence from both parties.
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 2, July 2020
CHILD CUSTODY IN PHILADELPHIA COUNTY DURING COVID-19
While the Court is physically closed, you can file 1. Which party is more likely to encourage and an Emergency Petition by filling out the forms and permit frequent and continuing contact between emailing the Emergency Petition and other the child and the other party. documents to 2. Abuse, past and present, by a party or member of [email protected] a party’s household. Is there a continued risk of Expedited Petition – If there is a matter that harm to the child or an abused party? Which party needs immediate court attention but is not an can better protect and supervise the child? emergency, you may file a petition for an 3. What each party does to parent the child. expedited hearing. Time-sensitive situations for which you may obtain an expedited hearing 4. The need for stability and continuity in the child's include when you believe the other party has been education, family life and community life. charged with a crime and is a risk to the child’s 5. The availability of extended family. safety, the child needs urgent medical or educational attention, you are being denied access 6. The child's relationships with sisters and brothers. to the child, or the other party has changed the 7. The preference of the child. The court must terms of the custody arrangement without your determine if the child carefully thought about agreement. You may only file expedited petitions his/her preference. The court must also assess the on Monday, or if the court is closed on Monday, child's maturity and judgment. on Tuesday. 8. Attempts of a parent to turn the child against the Unless you have already done so, you must also other parent, except in cases of domestic violence file one of the following petitions: Complaint for where reasonable safety measures are necessary to Custody, Petition to Modify, or Petition for protect the child from harm. Contempt. 9. Which party is more likely to maintain a loving, You will receive a Rule to Show Cause indicating stable, consistent and nurturing relationship with the date and time of your hearing. The Rule and the child adequate for the child's emotional needs. petition must be provided to the opposing party in 10. Which party is more likely to attend to the daily person. This process is called “personal” service. physical, emotional, developmental, educational You cannot do this yourself. It must be done by an and special needs of the child. adult who is not your relative or employee. The person who delivers it should fill out the affidavit 11. How close the parties’ homes are to one another. of service and you should bring it to the hearing 12. Each party's availability to care for the child or with you. ability to arrange appropriate child-care.
What happens after I file? You and the opposing 13. The level of conflict between the parties and the party will receive a notice by mail with a hearing date willingness and ability of the parties to cooperate and must appear in court on that date. If you have with one another. A party's effort to protect a filed an emergency petition, you will be told that day child from abuse by another party is not evidence how to proceed. Be sure to follow the instructions. of unwillingness or inability to cooperate with that party. HOW DOES THE COURT DECIDE 14. The history of drug or alcohol abuse of a party or CUSTODY? member of a party's household.
15. The mental and physical condition of a party or A judge or master, after holding a hearing, decides the member of a party's household. custody arrangement based on what is in the best interest of the child. The court is required to consider 16. Any other relevant factor. all relevant factors. It must give more consideration to factors which affect the safety of the child. The law lists many factors to consider:
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 3, July 2020
CHILD CUSTODY IN PHILADELPHIA COUNTY DURING COVID-19
What about criminal convictions and abuse Make two copies of whatever you plan on giving to history? The court must also consider certain the court — the judge or master gets the original, the criminal convictions and abuse and determine whether other side gets a copy and you keep a copy. When they pose a threat to the child. This includes participating in video proceedings, you may be able to convictions and no contest pleas for violent crimes, submit your evidence electronically. You may receive including domestic abuse, but also DUI and drug- instructions from the Court on how to do this. You related offenses. You must file a Criminal may also contact the Court to ask about submitting Record/Abuse History Verification Form with your evidence prior to a video proceeding if you did not complaint and disclose whether you or any member of receive instructions. your household has a criminal or abuse record, and You have the right to see everything that the other whether you are aware of any criminal record/abuse side wants to show the court. history of the other party or members of that party’s household. Witnesses – You may want to bring witnesses to To find out if the other party or members of that testify on your behalf. Witnesses must present a party’s household has any criminal convictions or subpoena to be admitted into the court. When the pleas in Pennsylvania, go to Court building is physically open, you can request a http://ujsportal.pacourts.us/docketsheets/cp.aspx subpoena from the Office of the Clerk of Family and follow the instructions carefully. Court on the 11th floor of 1501 Arch Street. While the building is closed, you should send a request to the If you later learn about criminal charges and believe Clerk of Court, 1515 Arch Street, Phila PA 19102, those charges pose a risk to the child, you may file a with a self-addressed, stamped envelope and you motion for temporary custody or, if there is an should receive the subpoena(s) in the mail. Subpoenas existing custody order, a motion to modify custody. are for both witnesses who are willing to appear and for witnesses who may not want to testify and may be Parenting Plans – When the parties do not agree on enforced by court order. Give your witnesses the custody, the court may require each party to submit a subpoena before the hearing Subpoenas must be given parenting plan to help it make a decision. The plan to the other party a reasonable time in advance of the must include a detailed description of how the parties hearing. An adult can serve them on another adult, or will be involved in making decisions about the child they can be served by certified mail, return receipt and a schedule of when the child will live with each requested. party. Your plan must be presented to the court in a You may want to prepare and bring with you a list of special format. There are limits to how plans may be questions to ask your witnesses and any witnesses the used in court. See Parenting Plan brochure for more other party brings. Remember: detailed information. Witnesses may only testify to events they have HOW DO I PREPARE FOR THE actually seen. HEARING? Your witnesses should not be on the video conference with you, or even in the same room Testimony – Each party may present their side and with you during your proceeding until they are ask questions of the other side. You may prepare a list called as a witness. Letters or affidavits from of your main points as well as questions that you want witnesses will not be accepted without the witness to ask the other party and bring that list to court with present. you. Tests and evaluations – If you have concerns about Evidence – You may present school or medical the other party’s substance abuse, mental health, or records or other important papers or photographs, home safety you may ask the court to order the such as criminal records printed from following services: http://ujsportal.pacourts.us/docketsheets/cp.aspx. Drug test Mental Health Evaluation Home Investigation
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 4, July 2020
CHILD CUSTODY IN PHILADELPHIA COUNTY DURING COVID-19
Be prepared to tell the court why it should issue WHAT IF THE OTHER PARTY any of these orders. You may also file a motion asking VIOLATES THE ORDER? the court to order these services before your hearing. If a party violates a custody order, you may file a WHAT HAPPENS IN COURT? petition for contempt and the court will schedule a hearing to decide whether the other party is in Custody cases are handled in several different ways, contempt and whether to issue sanctions, such as a depending on many factors. At different points in fine or imprisonment, or to temporarily change the your case, you may: terms of the order until a full hearing is held on a meet with a Master to see if you petition to modify. A form and instructions are can reach an agreement; available on the Philadelphia Bar Association’s website. have a hearing before a master; or
have a hearing before a judge if there was no WHAT IF I WANT TO MOVE AWAY agreement before a Master. WITH MY CHILD? Before your case is complete, you will have done one The custody law requires parents who want to relocate or more of these things. to take a number of steps. These steps begin with notice Remember: An agreement made at court cannot to the other party at least 60 days prior to the planned become a court order until both parties and a judge relocation. In limited circumstances, the party who plans sign it. Make sure you understand and agree with any to move may be permitted to give notice to the other agreement that you are asked to sign. Do NOT sign party later than 60 days before the move, but at least 10 until you understand it fully and agree with it. days prior to the move. The steps follow a required order and must have a particular structure. There are WHAT IF I DISAGREE WITH THE strict timelines for the entire process. CUSTODY ORDER? You can find the necessary forms for relocation on the If a master or judge makes a decision in your case Philadelphia Family Court’s website under Court of after a hearing, you have the right to appeal that Common Pleas-Domestic Relations at decision. Read your order carefully to make sure that https://www.courts.phila.gov/forms/ you do not miss any deadlines for appeal if you believe the decision is wrong. IS LEGAL HELP AVAILABLE? If you disagree with a master's proposed order after a hearing, you may file exceptions within 20 Philadelphia Legal Assistance 215-981-3838 days after the proposed order is mailed to you. In Monday – Thursday 9:30 am to noon or your exceptions, you must explain in writing why www.philalegal.org you think the master’s proposal is wrong. Make sure the court receives your exceptions within 20 Philadelphia Bar Association Lawyer days. After you file, you will have a hearing Referral & Information Service 215-238-6333 before a judge. You must explain to the judge https://lris.philadelphiabar.org/ what the master did wrong.
If you disagree with a judge’s order, you may file This brochure is meant to give you general a request for reconsideration. You may wish to information and not legal advice. talk to an attorney if you want to file such a request. You may also file an appeal with the Superior Court of Pennsylvania within 30 days of
the date of the court order. Appeals are very You may download all custody forms from the complicated. If possible, you should talk to an attorney if you want to appeal to Superior Court. Philadelphia Family Court’s website under Court of Common Pleas-Domestic Relations at Remember, filing a request for reconsideration does not extend the 30-day time period for https://www.courts.phila.gov/forms/ appealing to Superior Court.
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 5, July 2020